Circular No. 03/1998/TT-BXD amends and supplements certain contents in Circular No. 01/BXD-CSXD on management and construction of projects with direct foreign investment. The Circular provides detailed regulations on the implementation of construction works and issuance of construction bidding permits to foreign contractors.
Scope of application
Project investors, foreign contractors undertaking construction of projects with direct foreign investment, and Management Boards of Industrial Zones/Export Processing Zones.
Key points
- Project investors → must notify the design approval authority and local authorities (if the project is within an industrial zone, notify the Management Board of the Industrial Zone) of the commencement date, and comply with the provisions set forth in the Decision on design approval and construction of the project.
- Project investors → must make copies of the approved design files including the design description, site plan drawings, main architectural drawings, layout and longitudinal section drawings of the technical infrastructure system, and the investment and construction schedule (if the project is within a city with a chief architect or within an industrial zone).
- The Ministry of Construction → examines and issues construction bidding permits for contractors implementing Class A projects decided by the Prime Minister for investment.
- The Director of the Department of Construction → issues construction bidding permits for projects and projects authorized for investment by the People's Committee of the province and the Provincial Management Board of Industrial Zones, and Class B projects with construction works within the scope of one province.
🌐 Social impact of this document
- Positive impact: Reduces administrative procedures for project investors, facilitating the implementation of construction works.
- Negative impact: May cause difficulties in managing construction quality if the notification and copying of design files are not adhered to.
❓ Frequently asked questions
What actions must project investors take after receiving the design approval decision?
Project investors must notify the design approval authority and local authorities (if the project is within an industrial zone, notify the Management Board of the Industrial Zone) of the commencement date, and comply with the provisions set forth in the Decision on design approval and construction of the project.
Which files must project investors copy when the project is located in a city with a chief architect?
Project investors must copy the approved design files including the design description, site plan drawings, main architectural drawings, layout and longitudinal section drawings of the technical infrastructure system, and the investment and construction schedule.
Who has the authority to issue construction bidding permits for Class A projects?
The Ministry of Construction examines and issues construction bidding permits for contractors implementing Class A projects decided by the Prime Minister for investment.
The Director of the Department of Construction issues construction bidding permits for which projects?
The Director of the Department of Construction issues construction bidding permits for projects and projects authorized for investment by the People's Committee of the province and the Provincial Management Board of Industrial Zones, and Class B projects with construction works within the scope of one province.
To which projects does this Circular apply?
This Circular applies to projects with direct foreign investment and foreign contractors undertaking construction in Vietnam.
Full text
CIRCULAR
VREGARDING THE AMENDMENT AND SUPPLEMENTATION OF CERTAIN CONTENTS IN CIRCULAR NO. 01/BXD-CSXD DATED APRIL 15, 1997 ON GUIDELINES FOR MANAGING CONSTRUCTION OF PROJECTS FUNDED BY FOREIGN DIRECT INVESTMENT AND CONTRACTED BY FOREIGN CONTRACTORS IN VIETNAM
BASED ON THE FOREIGN INVESTMENT LAW OF VIETNAM.
BASED ON DECREE NO. 12/CP DATED FEBRUARY 18, 1997 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF THE FOREIGN INVESTMENT LAW OF VIETNAM; DECREE NO. 42/CP DATED JULY 16, 1996 AND DECREE NO. 92/CP DATED AUGUST 23, 1997 OF THE GOVERNMENT ON ISSUANCE AND AMENDMENT OF REGULATIONS ON INVESTMENT MANAGEMENT AND CONSTRUCTION.
BASED ON DECREE NO. 36/CP DATED APRIL 24, 1997 OF THE GOVERNMENT ON ISSUANCE OF REGULATIONS ON INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, AND HIGH-TECH ZONES.
BASED ON DECISION NO. 386/TTG DATED JUNE 7, 1997 OF THE PRIME MINISTER ON DELEGATING AUTHORITY TO PEOPLE'S COMMITTEES OF SOME PROVINCES AND CENTRALLY-GOVERNED CITIES TO ISSUE INVESTMENT LICENSES FOR FOREIGN DIRECT INVESTMENT PROJECTS.
BASED ON DOCUMENT NO. 07/KCN DATED JUNE 16, 1997 OF THE PRIME MINISTER ON DELEGATING AUTHORITY TO SOME MANAGEMENT BOARDS OF INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, AND HIGH-TECH ZONES (HEREINAFTER REFERRED TO AS INDUSTRIAL ZONES) TO ISSUE INVESTMENT LICENSES FOR FOREIGN INVESTMENT PROJECTS IN INDUSTRIAL ZONES.
THE MINISTRY OF CONSTRUCTION AMENDS AND SUPPLEMENTS CERTAIN CONTENTS OF CIRCULAR NO. 01/BXD-CSXD DATED APRIL 15, 1997 AS FOLLOWS:1. POINT 3.3, SECTION 3, PART I IS REPLACED AS FOLLOWS:
3.3. IMPLEMENTATION OF CONSTRUCTION WORK:
AFTER RECEIVING THE DECISION ON DESIGN REVIEW AND CONSTRUCTION OF THE PROJECT, THE INVESTOR MAY BEGIN CONSTRUCTION BUT MUST NOTIFY THE DATE OF COMMENCEMENT TO THE DESIGN REVIEW AUTHORITY AND LOCAL AUTHORITIES (IF THE PROJECT IS LOCATED WITHIN AN INDUSTRIAL ZONE, THE INVESTOR MUST ALSO NOTIFY THE INDUSTRIAL ZONE MANAGEMENT BOARD). THE INVESTOR MUST COMPLY WITH THE REQUIREMENTS STATED IN THAT DECISION.
SPECIFICALLY, FOR PROJECTS LOCATED IN CITIES WITH CITY ARCHITECTS OR WITHIN INDUSTRIAL ZONES, THE INVESTOR MUST DUPLICATE THE DESIGN DOCUMENTS THAT HAVE BEEN REVIEWED INCLUDING THE DESIGN DESCRIPTION, SITE PLAN DRAWINGS, TECHNOLOGY FLOW DIAGRAMS, MAIN ARCHITECTURAL DRAWINGS, INFRASTRUCTURE LAYOUT AND CROSS-SECTION DRAWINGS, INVESTMENT AND CONSTRUCTION SCHEDULES, AND A COPY OF THE DECISION FROM THE REVIEW AUTHORITY AND SEND THEM TO THE CITY ARCHITECT AND THE INDUSTRIAL ZONE MANAGEMENT BOARD.
2. POINT 5.1, SECTION 5, PART II IS REPLACED AS FOLLOWS:
5.1. THE MINISTER OF CONSTRUCTION SHALL ISSUE CONSTRUCTION CONTRACT LICENSES FOR CONTRACTORS IMPLEMENTING PROJECTS GROUP A DECIDED BY THE PRIME MINISTER TO BE INVESTED (AS PROVIDED FOR IN DECREE NO. 12/CP DATED FEBRUARY 18, 1997 AND DECREE NO. 92/CP DATED AUGUST 23, 1997), AND OTHER CASES NOT WITHIN THE SCOPE OF CONSTRUCTION CONTRACT LICENSE ISSUANCE BY THE DEPARTMENT OF CONSTRUCTION AS SET OUT IN POINT 5.2 BELOW.
3. POINT 5.2, SECTION 5, PART II IS REPLACED AS FOLLOWS:
5.2. THE DIRECTOR OF THE DEPARTMENT OF CONSTRUCTION SHALL ISSUE CONSTRUCTION CONTRACT LICENSES FOR PROJECTS AND PROJECTS WHERE THE INVESTMENT LICENSES ARE ISSUED BY THE PEOPLE'S COMMITTEE OF THE PROVINCE AND THE PROVINCIAL INDUSTRIAL ZONE MANAGEMENT BOARD, AND PROJECTS GROUP B WITH CONSTRUCTION WORKS LOCATED WITHIN ONE PROVINCE./.
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